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Rear-end crash case settles after COVID infection causes mistrial

$1.625 million settlement

A low-speed collision that left a woman with persistent neck and back pain settled for $1.625 million following a mistrial, according to the plaintiff’s attorneys.

Brent A. Sumner and Ben Sansone said their client was injured when a trash disposal truck rear-ended her at roughly 5 mph while stopped in traffic. Despite physical therapy and chiropractic care, her pain never went away. An MRI revealed disc bulges in the neck and lower back, causing her to undergo surgery.

The case was tried in December 2021 but ended in a mistrial on day five when a defense attorney got COVID. Sumner said the defense had focused on the minimal damage to the plaintiff’s Honda Accord. A defense expert testified that the forces involved in the crash weren’t enough to cause the plaintiff’s injuries, and additional experts said the disc injuries were degenerative in nature.

The parties were able to settle the case before it was tried a second time.

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Motor Vehicle Collision

Venue: St. Louis County Circuit Court

Case Number/Date: Confidential/Aug. 1, 2022

Judge: Ellen Ribaudo

Caption: Confidential

Plaintiffs’ Attorneys: Brent A. Sumner, Sumner Law Group, Clayton; Ben Sansone, Sansone & Lauber Clayton

Defendants’ Attorneys: Confidential